Hogle v. City of Minneapolis

Hilton, Justice.

Action for damages for death by wrongful act. The action was dismissed during the trial as to defendant city of Minneapolis. Plaintiff had a verdict for $6,500 against defendant Menth. He appeals from an order denying his motion for judgment notwithstanding the verdict or a new trial.

Appellant concedes that the evidence made the question of his negligence one of fact for the jury’s determination, and that because decedent’s contributory negligence was not assigned as a ground in his motions below he is not entitled to judgment notwithstanding, but urges that contributory…